CRM 2300 Lecture Notes - Lecture 18: Culpable Homicide, Homicide, Nail Gun
30 Mar 2016
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Lecture 18 wednesday, march 30, 2016: provocation: partial defence to a criminal. Parent (2001) charged with first degree: killed his estranged wife after she made a remark that angered him, trial judge convicted of manslaughter. Accepted his defence: court of appeal . Requirement 1 (a): a wrongful act or insult\ Victim was engaged in an unlawful act and/or insulting behaviour. Tran (2010) charged with first degree: trial judge convicted him of manslaughter, scc: no air reality to the defence of provocation the victim and the spouse were not engaged in unlawful behaviour , convicted him of 2nd degree. Evans (2012) charged with 2nd degree in killing a sex trade worker. Modified objective test: take into account the characteristics that apply to all individuals. Ordinary person test: how an ordinary person with those characteristics (of the accused) would react to the situation; normal temperament or level of self-control .
